N.M. Admin. Code § 22.510.17.7

Current through Register Vol. 35, No. 21, November 5, 2024

Section 22.510.17.7 - DEFINITIONS

A."Aggravating factor" - a circumstance or factor the parole board is permitted or required to weigh against the grant of parole. See also mitigating factor.

B."Deadly weapon" - as defined in Section 31-1-12 NMSA 1978, a deadly weapon means any firearm, whether loaded or unloaded; or any weapon which is capable of producing death or great bodily harm, including but not restricted to any types of daggers, brass knuckles, switchblade knives, bowie knives, poniards, butcher knives, dirk knives and all such weapons with which dangerous cuts can be given, or with which dangerous thrusts can be inflicted, including sword, canes, and any kind of sharp pointed canes, also slingshots, slung shots, bludgeons; or any other weapons with which dangerous wounds can be inflicted.

C."Experts" - an expert permitted to submit evidence in support of release under Subsection D of 22.510.17.8 is limited to those psychologists, psychiatrists, social workers, and other licensed professionals in adolescent brain development who have conducted an individual evaluation of the inmate for purposes of parole review under the provisions of this rule.

D."Family member of the victim" - as defined in Section 31-21-25 NMSA 1978, "family member of the victim" is a mother, father, sister, brother, child or spouse of the victim or a person who has custody of the victim.

E."Habitual offender" - as defined in Section 31-18-17 NMSA 1978, a habitual offender is a person convicted of a noncapital felony in this state whether within the Criminal Code or the Controlled Substances Act or not who has incurred one prior felony conviction that was part of a separate transaction or occurrence or conditional discharge under Section 31-20-13 NMSA 1978.

F."Mitigating factor" - a circumstance or factor the Parole Board is permitted or required to weigh in favor of the grant of parole. See also aggravating factor.

N.M. Admin. Code § 22.510.17.7

Adopted by New Mexico Register, Volume XXXII, Issue 05, March 9, 2021, eff. 3/9/2021